Boerum v. Taylor
Supreme Court of Connecticut
IN ERROR. The original action was brought by Charles Boerum against Granville Taylor, before a justice of the peace. The declaration, containing two counts, was as follows. 1st count, in trespass.
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IN ERROR. The original action was brought by Charles Boerum against Granville Taylor, before a justice of the peace. The declaration, containing two counts, was as follows. 1st count, in trespass. That on the 17th day of January 1847, at Danbury, the plaintiff owned and possessed a certain jug, of the value of one dollar, and one quart of rum contained in said jug, of the value of one dollar; and the defendant, then and there, with force and arms, took the said jug, and with like force and arms, put and deposited in the said jug, five pieces of candles, and divers other filthy and noxious…
1Opinion of the Court
Church, Ch. J.
This case involves a principle of pleading or practice, of some practical importance ; and it is this only, which makes it worthy of our attention.
1. The plea in abatement was of no avail. As to the first count in the declaration, it was found by the justice to be untrue ; and to the second, it had no application.
2. The only question which we deem important in the case, is, whether in this declaration there is a misjoinder of counts ? The first count is in trespass, for an injury to the property, and the second in case, for a consequential injury to the person, of the plaintiff.…
2Cases cited1 opinion
- Gates v. GorehamSupreme Court of Vermont · 1833
3Cited by2 opinions
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1857
- Phelps v. HurdSupreme Court of Connecticut · 1863